Nebraska Administrative Code
Topic - AGRICULTURE, DEPARTMENT OF
Title 23 - DEPARTMENT OF AGRICULTURE, BUREAU OF ANIMAL INDUSTRY
Chapter 18 - COMMERCIAL DOG AND CAT OPERATOR INSPECTION REGULATIONS
Section 23-18-007 - Humane Handling, Care, Treatment, and Transportation of Dogs and Cats

Universal Citation: 23 NE Admin Rules and Regs ch 18 ยง 007

Current through September 17, 2024

Operators shall comply with the requirements of the Act and these regulations regarding the humane handling, care, treatment, and transportation of dogs and cats. For the purposes of enforcement of the Act and these regulations, the Department adopts the specifications for the humane handling, care, treatment, and transportation of dogs and cats, the standards of the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA), as published in 9 C.F.R. §§ 3.1 to 3.19 (2015) (a copy of which is attached to these regulations as Appendix A and incorporated herein by reference) so long as these standards do not conflict with the Act or these regulations. If there is an inconsistency between the Act and 9 C.F.R. §§ 3.1 to 3.19, the Act shall control. If there is an inconsistency between 9 C.F.R. §§ 3.1 to 3.19, and these regulations, the regulations shall control. Humane handling, care, treatment, and transportation shall include but not be limited to, the following:

007.01 Adequate Food and Water

007.01A All dogs and cats shall be provided with food at least one time per day, except as otherwise directed by the attending veterinarian. Such food shall be fresh, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of dogs and cats.

007.01B Water shall be continually available to each dog and cat or it must be offered to the dogs and cats as often as necessary to ensure their health or safety, but never less than twice per day for at least one hour each time, unless restricted by the attending veterinarian.
007.01B(1) Factors in determining if a dog or cat is receiving an adequate amount of water from appropriate receptacles and watering systems as set forth in 23 NAC 18-007.10 include, but are not limited to:
007.01B(1)(a) Ambient temperature;

007.01B(1)(b) A dog's or cat's body condition, such as sunken eyes and skin tenting; or

007.01B(1)(c) A dog's or cat's behavior, such as excessive nosing at an empty water bowl.

007.01B(2) Excessive thirst may indicate a disease condition to be addressed by the attending veterinarian.

007.02 Compatible Grouping

All dogs and cats housed in the same primary enclosure must be compatible, with the following restrictions:

007.02A Females in heat (estrus) may not be in the same primary enclosure with males, except for breeding purposes;

007.02B Any dog or cat exhibiting a vicious or overly aggressive disposition must be housed separately;

007.02C Puppies or kittens four months of age or less may not be in the same primary enclosure with adult dogs or cats other than their dams or foster dams;

007.02D Dogs or cats may not be in the same primary enclosure with any other species of animals, unless they are compatible; and

007.02E Dogs or cats that have, or are suspected of having, a contagious disease must be isolated from healthy animals.

007.03 Veterinary Care Requirements for Commercial Dog or Cat Breeders, Pet Shops or Dealers

Attending veterinarian and adequate veterinary care are required for animals under the care, supervision, or control of a commercial dog or cat breeder, pet shop, or dealer.

007.03A Each commercial dog or cat breeder, pet shop, and dealer licensed under the Act and these regulations shall have a written veterinary care plan with an attending veterinarian who is licensed to practice in Nebraska. The formal arrangements shall include a written program of veterinary care and regularly scheduled visits to the premises upon which the dogs or cats are harbored. The form entitled, Veterinary Care Plan, incorporated herein by reference, is attached as Appendix I and may be used to satisfy the requirements for a written veterinary care plan.

007.03B Each commercial dog or cat breeder, pet shop, and dealer licensed under the Act and these regulations shall establish, maintain, and follow programs of adequate veterinary care that include:
007.03B(1) The availability of appropriate facilities, employees, equipment, and services to comply with the provisions in the Act and these regulations;

007.03B(2) The use of appropriate methods to prevent, control, diagnose and treat diseases and injuries, and the availability of emergency, weekend, and holiday care;

007.03B(3) The maintenance of individual health records shall be kept pursuant to 23 NAC 18-010.06, for:
007.03B(3)(a) All dogs and cats which are sixteen (16) weeks of age or older;

007.03B(3)(b) All dogs or cats younger than sixteen (16) weeks of age when permanently transferred from the litter; or

007.03B(3)(c) Any dog or cat younger than sixteen (16) weeks of age if it received any individual medical procedure, separate from the litter.

007.03B(4) Daily observation of all dogs and cats to assess their health or safety. Provided, however, that daily observation of dogs and cats may be accomplished by someone other than the attending veterinarian; and provided further, that a mechanism of direct and frequent communication is required so that timely and accurate information on problems of dog or cat health, behavior, and well-being is conveyed to the attending veterinarian; and

007.03B(5) Adequate grooming to avoid matted hair which significantly impairs a dog's health or safety or provides a nesting area for disease carrying pests or parasites and to ensure that nails are not impairing the comfort of the dog.

007.04 Additional Veterinary Care Requirements for Commercial Dog Breeders

007.04A Commercial dog breeders shall have the attending veterinarian annually review and update the veterinary care plan required in 23 NAC 18-007.03A at the time of the onsite visit.

007.04B Commercial dog breeders shall comply with § 54-641.02(3)(a) which requires that breeding dogs receive regular grooming. The Tufts Physical Care Scale may be used as a guideline to assist the Department in making a determination as to a dog's adequate regular grooming. Evidence that a dog is receiving adequate regular grooming is shown by:
007.04B(1) The matting of a dog's coat does not exceed ten percent.

007.04B(2) A dog's nails are trimmed short enough to ensure the comfort of the dog.

007.04C All commercial dog breeders shall provide each breeding dog a wellness examination at least once every three years which shall include a basic physical and dental examination pursuant to § 54-641.02(1)(c).

007.05 Veterinary Care Requirements for Boarding Kennels, Animal Control Facilities, Animal Rescues and Animal Shelters

Each boarding kennel, animal control facility, animal rescue, and animal shelter shall establish, maintain, and follow a written emergency veterinary care plan. The form entitled, Emergency Veterinary Care Plan, incorporated herein by reference, is attached as Appendix J, and may be used to satisfy the requirements for a written emergency veterinary care plan. The written emergency veterinary care plan shall include:

007.05A The veterinarian of choice by the owner of the dog or cat that is being boarded, in the event veterinary care is needed; or

007.05B A formal arrangement with a veterinarian licensed to practice in Nebraska to provide veterinary services as needed.

007.05C The provision of veterinary care for dogs or cats which are sick, diseased, injured or lame.

007.06 Exercise for Dogs

All operators shall establish and follow an appropriate exercise plan for each dog housed on the premises. All dogs greater than twelve weeks of age, or age specified by the attending veterinarian, shall be provided opportunity for exercise by acceptable methods which are documented by the attending veterinarian in the veterinary care plan or emergency veterinary care plan.

007.06A The exercise plan shall be in writing and available to the Department at the time of inspection. Such plan shall:
007.06A(1) Be approved and signed by the attending veterinarian, or incorporated into the veterinary care plan or emergency veterinary care plan; and

007.06A(2) State that the dog has the required exercise space listed in 23 NAC 18-007.06C(1) and 007.06C(2),; or

007.06A(3) Identify the frequency, method, and duration of additional exercise if the exercise requirements are not otherwise met.

007.06B Exemptions to the exercise requirement of any dog shall be determined only by the attending veterinarian and shall be recorded in the veterinary care plan or emergency veterinary care plan.

007.06C Animal control facilities, animal shelters, animal rescues, boarding kennels, dealers, and pet shops shall provide exercise to dogs by using the following methods, including, but not limited to:
007.06C(1) An individually housed dog with at least 200% of its minimum required floor space;

007.06C(2) Group housed dogs with at least 100% of the minimum required floor space for each animal;

007.06C(3) Access to a run or open area at the frequency and duration prescribed by the attending veterinarian; or

007.06C(4) Positive interaction with humans, such as walking, playing ball, or grooming.

007.06D Commercial Dog Breeders. Commercial dog breeders shall comply with the requirements set forth in § 54-641.01, regarding exercise for dogs owned or harbored by such commercial dog breeders.

007.07 Employee Requirements

All operators shall be responsible for ensuring that:

007.07A Adequate training and guidance are provided to employees involved in the handling, care, and treatment of the dogs and cats on the licensed premises;

007.07B A sufficient number of trained employees are available to perform general husbandry tasks; and

007.07C Employees involved in the handling, care, and treatment of a operator's dogs and cats can, and do, perform at the level required by the Act and these regulations.

007.07D Factors to be considered in determining the adequacy and appropriate number of employees:
007.07D(1) Number of dogs and cats maintained on the premises;

007.07D(2) Maintenance requirements of the individual dogs or cats based on, but not limited to, size, breed, and age;

007.07D(3) Design and construction of the facility; and

007.07D(4) General condition of facility. A facility that is routinely noncompliant in general husbandry areas may indicate too few employees on site, or employees who are not trained in the appropriate humane handling, care, and treatment of dogs and cats.

007.07E Factors indicating inadequately trained, or insufficient number of, employees:
007.07E(1) High incidence of injury to the dogs and cats in the operator's care which are subject to the Act;

007.07E(2) Inadequate cleanliness of facility due to accumulations of litter, food waste, feces, trash, junk, or weeds; or

007.07E(3) Multiple substantiated complaints against the licensed facility by the general public.

007.08 Pest Control

All operators shall establish, maintain, and follow an effective pest control program for the control of insects or external parasites affecting dogs and cats. Signs of an ineffective pest control program may include, but shall not be limited to:

007.08A Sighting of the pest or pests;

007.08B Dog or cat scratching excessively;

007.08C Open sores or sores due to flies and other insects; or

007.08D Areas of hair loss on the dog or cat.

007.09 Primary Enclosures

007.09A All operators shall maintain primary enclosures for dogs and cats which provide adequate space and flooring in accordance with § 54-641. Primary enclosures shall also be maintained in a clean and sanitary manner as follows:
007.09A(1) Be cleaned as often as necessary, but at least one time per day, to:
007.09A(1)(a) Prevent contamination of the animal;

007.09A(1)(b) Minimize disease hazards; and

007.09A(1)(c) Reduce odors.

007.09A(2) Be cleaned daily to remove any excreta and food waste by:
007.09A(2)(a) Cleaning the entire primary enclosure;

007.09A(2)(b) Cleaning soiled areas only (spot-clean); or

007.09A(2)(c) Any other Department approved method.

007.09A(3) Be cleaned in a manner that does not:
007.09A(3)(a) Harm the dog or cat by the use of direct exposure to steam or harsh or toxic chemicals;

007.09A(3)(b) Contaminate the dog, cat, or its bedding;

007.09A(3)(c) Wet the dog, cat or its bedding; or

007.09A(3)(d) Distress the dog or cat, evidenced by, but not limited to, shivering, shaking, cowering, excessive howling, or whining.

007.09A(4) Have all excreta and food waste removed daily from under the primary enclosure to prevent or reduce:
007.09A(4)(a) Soiling of the dog or cat;

007.09A(4)(b) Disease hazard;

007.09A(4)(c) Pests, insects, and vermin; and

007.09A(4)(d) Odors.

007.09A(5) Be sanitized as set forth in 23 NAC 18-007.10D as often as necessary, but at least one time every two weeks, to minimize disease hazards.

007.09B Tethering. Permanent tethering is prohibited for use as a primary enclosure by any operator. The Department may approve temporary tethering of a dog for up to three (3) days, if the operator:
(1) makes the request in writing to the Department;

(2) includes the reason or justification for tethering the dog; and

(3) includes the length of time the dog will be tethered. Factors to consider when approving or disapproving temporary tethering of a dog may include, but are not limited to:

007.09B(1) Routine cleaning or maintenance;

007.09B(2) The availability of shelter;

007.09B(3) Length of the tether;

007.09B(4) Type and strength of the tether;

007.09B(5) Method of attachment of tether to the dog;

007.09B(6) Possible entanglements with other animals or objects;

007.09B(7) Access to food and water;

007.09B(8) Access to shade at all times during the day;

007.09B(9) Breed and behavior characteristics of the dog or dogs; and

007.09B(10) Protection from predators.

007.09C Commercial dog or cat breeders shall provide sufficient shade to shelter all the dogs or cats housed in the primary enclosure at one time.

007.10 General Requirements for All Housing Facilities

All housing facilities shall:

007.10A Allow the dogs or cats easy and convenient access to clean food and water which shall be non-toxic and free from algae growth.
007.10A(1) Food and water receptacles and watering systems shall be constructed of hard surfaces which are sanitized as set forth in 23 NAC 18-007.10D(1).

007.10B Be designed, constructed, and maintained in such a manner as to:
007.10B(1) Be structurally sound;

007.10B(2) Be kept in good repair, having no sharp or jagged edges which could injure a dog or cat;

007.10B(3) Be free of excessive rust which prevents the required cleaning and sanitation;

007.10B(4) Securely contain the dogs or cats; and

007.10B(5) Protect the dogs or cats from predators.

007.10C Be kept clean and be easy to clean. All housing facilities shall have waste properly disposed. All operators shall maintain waste disposal procedures for the removal and disposal of animal and food wastes, bedding, dead animals, trash and debris on all premises where housing facilities are located, including buildings, pens, and surrounding grounds. Weeds, grasses and bushes shall be controlled so as to facilitate cleaning and pest control. The Tufts Environmental Health Scale may be used as a guideline to assist the Department in making a determination as to whether a dog or cat's environment is acceptable.
007.10C(1) Waste disposal procedures shall minimize:
007.10C(1)(a) Pest infestation;

007.10C(1)(b) Vermin infestation;

007.10C(1)(c) Harmful odors; and

007.10C(1)(d) Disease hazards.

007.10C(2) Trash containers in housing facilities, food storage areas, and food preparation areas shall be leak proof and have tightly fitted lids on them at all times.

007.10C(3) The surfaces of housing facilities, including objects within the facility, must be constructed in a manner and made of materials that allow them to be readily cleaned and sanitized, or removed or replaced when worn or soiled.

007.10D Be properly sanitized.
007.10D(1) Hard surfaces which include, but are not limited to, sealed concrete, sealed wood, ceramic tile, stainless steel or other metals, glass board, or strong plastic laminate sheeting, shall be impervious to moisture and sanitized as follows:
007.10D(1)(a) Washing with hot water of at least 180°F and soap or detergent;

007.10D(1)(b) Washing with a detergent solution, followed by a safe and effective disinfectant; or

007.10D(1)(c) Live steam or pressurized live steam.

007.10D(2) For outside non-hard or porous surfaces which include, but are not limited to dirt, sand, gravel and grass, acceptable methods of sanitation include, but are not limited to:
007.10D(2)(a) Removal of feces; and

007.10D(2)(b) Exposure to direct sunlight or use of a safe and effective disinfectant.

007.10E Have proper pest control. All operators shall establish, maintain, and follow an effective pest control program for the control of insects and birds and mammals that are pests, such as starlings and small rodents. Signs of an ineffective pest control program may include, but shall not be limited to:
007.10E(1) Sighting of the pest or pests;

007.10E(2) Droppings;

007.10E(3) Rodent holes;

007.10E(4) Chewed insulation on floors, walls, ceilings and other surfaces; or

007.10E(5) Nests.

007.10F Have proper drainage. All licensed facilities shall have a method to:
007.10F(1) Prevent excess or standing water and other fluids;

007.10F(2) Keep the dog, cat, and its bedding dry; and

007.10F(3) Minimize pest infestation, harmful odors, vermin infestation and disease hazards.

007.10G Provide adequate shelter and protection.
007.01G(1) Each dog and cat shall be provided with adequate shelter from the elements at all times. The Tufts Weather Safety Scale may be used as a guideline to assist the Department in making a determination as to a dog's health or safety risk in adverse weather conditions. Weather conditions may be established by either a reliable weather website or a hand held weather meter which measures weather data. Adequate shelter shall:
007.10G(1)(a) Protect the dogs' and cats' health and safety;

007.10G(1)(b) Allow all the dogs and cats in the enclosure to have access to the shelter at the same time;

007.10G(1)(c) Protect the dogs and cats from adverse weather conditions;

007.10G(1)(d) Be large enough to allow each dog or cat to sit, stand, lie down, and turn around freely; and

007.10G(1)(e) Not include barrels, cars, refrigerators, freezers, washing machines, dryers, and the like.

007.10G(2) Dogs and cats shall be protected from extreme temperatures and weather conditions. The following indicate such shelter and protection is not being provided:
007.10G(2)(a) Dogs or cats have symptoms of hypothermia;

007.10G(2)(b) Dogs or cats have symptoms of hyperthermia;

00710G(2)(c) Dogs or cats are of a breed not acclimated to the temperature of the primary enclosure;

007.10G(2)(d) Sick, infirmed, aged or young dogs or cats are in conditions which increase their vulnerability;

007.10G(2)(e) Dogs or cats are housed in a way that does not completely protect them from heavy rains; or

007.10G(2)(f) Dogs or cats are housed in such manner that snow blocks access or prevents walking or movement.

007.10H Properly store food, bedding, toxic substances and other items as follows:
007.10H(1) Food storage methods shall protect food from:
007.10H(1)(a) Spoilage;

007.10H(1)(b) Contamination;

007.10H(1)(c) Deterioration of nutritive value; and

007.10H(1)(d) Vermin infestation.

007.10H(2) Food storage areas shall be free of any accumulation of trash, waste material, junk, weeds, and other discarded materials.

007.10H(3) Toxic substances shall not be stored in food storage areas, food preparation areas, or animal living areas unless such substances are stored in a secured cabinet; and

007.10H(4) Bedding shall be stored and maintained in a clean, dry environment to protect from contamination, water damage, and vermin infestation.

007.10I Maintain proper ventilation.
007.10I(1) Ventilation in enclosed areas shall be maintained to provide for the health and safety of the dogs or cats being housed.
007.10I(1)(a) Proper ventilation shall minimize the following:
007.10I(1)(a)(i) Harmful odors;

007.10I(1)(a)(ii) Drafts;

007.10I(1)(a)(iii) Noxious fumes or toxic gases, including ammonia; and

007.10I(1)(a)(iv) Moisture condensation, indicative of excessive humidity, which could cause wet bedding or wetting of the dog or cat.

007.10I(1)(b) If upon inspection, an ammonia odor is detected, an ammonia meter may be used to verify the presence of ammonia and may indicate the enclosed area is not ventilated to minimize the ammonia present.

007.10I(1)(c) The presence of dogs or cats exhibiting signs of illness or stress associated with poor or improper ventilation may indicate the enclosed area is not ventilated to minimize the conditions listed in 23 NAC 18-007.10I(1)(a).

007.10I(2) Methods of ventilation may include, but are not limited to:
007.10I(2)(a) Windows;

007.10I(2)(b) Vents sufficient to allow an adequate exchange of air flow throughout the facility;

007.10I(2)(c) Fans, exhaust fans, or blowers;

007.10I(2)(d) Air conditioning; and

007.10I(2)(e) Doors.

007.11 Indoor and Sheltered Housing Lighting

Indoor and sheltered housing facilities shall have:

007.11A Sufficient light to permit routine inspection and cleaning of the housing facility;

007.11B Sufficient light, uniformly diffused, to allow the operator, or his or her employees, to observe the dogs and cats housed therein; and

007.11C A regular diurnal lighting cycle of either natural or artificial light shall be provided to all dogs or cats housed in an indoor housing or sheltered housing facility.

007.12 Outdoor Housing

All operators who maintain outdoor housing facilities which contain one or more sheltered structures, shall ensure such structures be constructed so that each shelter:

007.12A Be accessible to each dog or cat;

007.12B Have a roof, floor, and sides;

007.12C Provide adequate protection or shelter from extreme cold or heat;

007.12D Provide protection from direct rays of the sun;

007.12E Provide protection from the direct effects of wind, rain, or snow;

007.12F Have a wind break and rain break at the entrance; and

007.12G Provide a way for the dogs or cats to keep warm, including the availability of clean, dry bedding.

007.13 Transportation

Operators shall only transport dogs or cats in a manner which complies with the following:

007.13A Dogs or cats being transported shall be provided adequate shelter as set forth in 23 NAC 18-007.10G; and

007.13B Proper ventilation shall be maintained as set forth in 23 NAC 18-007.10I.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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